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SOLR_PROP

Presidential Establishment Act, 1938

The secretary to the President.

6.(1) There is hereby created, as from the coming into operation of the Constitution, the post of secretary to the President which shall be a permanent post in the civil service of the State and shall have attached to it such duties and functions in relation to the President and to the Commissions respectively constituted by Articles 57 and 14 of the Constitution as the Government shall from time to time direct.

(2) No such direction as is mentioned in the foregoing sub-section of this section shall be given by the Government while there is an elected President in office without consultation with such President.

(3) Every appointment of a person to the post of secretary to the President shall be made by the Government, but no such appointment shall be made while there is an elected President in office without consultation with such President.

(4) Every secretary to the President shall hold his office on such terms and conditions and shall receive, out of moneys provided by the Oireachtas, such remuneration as the Minister for Finance shall from time to time direct.

(5) The duties of the secretary to the President shall include the duty of acting as clerk to the Council of State.

(6) Every appointment of a person to the office of secretary to the President which was made by the Government before the passing of this Act shall be deemed to have been made under this section and shall have, and be deemed always to have had, effect accordingly, and sub-sections (4) and (5) of this section shall apply and have effect and be deemed always to have had effect in relation to every person so appointed.